Barristers and solicitors

Solicitor-client privilege - Law Societies; Judicial review - Compliance with legislation - Disclosure - Absolute Necessity
The Law Society of Saskatchewan’s application for an Order authorizing an Inspector of the Law Society to enter the office of M Law Firm to obtain privileged file materials relating to a client (“MH”) was dismissed where the Court found that the circumstances of the case did not meet the test of “absolutely necessity”. Law Society of Saskatchewan v. E.M., [2006] S.J. No. 608

Decisions of administrative tribunals

Adjudications - Police Commission; Judicial review - Procedural requirements and fairness - Natural justice - Sufficient notice - Evidence
An RCMP officer (“Gill”) was successful in his application for judicial review of a RCMP Commissioner’s decision where the Court held that the Commissioner erred in upholding the decision of an RCMP Adjudication Board imposing sanctions on Gill for disgraceful conduct. Gill v. Canada (Attorney General), [2006] F.C.J. No. 1395

Human rights complaints

Human Rights Commission; Judicial review - Procedural requirements and fairness - Natural justice - Evidence
Dowling was successful in his application for judicial review of the decision of a Human Rights Panel of the Prince Edward Island Human Rights Commission where the Court held that the Commissioner erred in proceeding to determine the issue of damages without hearing submissions from the parties. Dowling v. Prince Edward Island, [2006] P.E.I.J. No. 52

Municipalities

Planning and zoning; Decisions of administrative tribunals - Board of Variance - Third parties - Appeals; Judicial review - Compliance with legislation
The petitioning companies successfully applied for judicial review of a decision of the Board of Variance allowing a third-party appeal of a decision to approve development permit applications where the Court held that the legislation did not create a general right of appeal for third parties to challenge the decision of the Director of Planning. Richard Niebuhr Enterprises Ltd. (c.o.b. Niebuhr Constructions) v. Vancouver (City) Board of Variance, [2006] B.C.J. No. 2144

Workers compensation

Benefits; Decisions of administrative tribunals - Workers Compensation Boards - Judicial Review - Statutory provisions - Evidence - Jurisdiction
The appeal by Page from a decision of the Appeals Tribunal of the Workplace, Health, Safety and Compensation Commission of New Brunswick (the “Commission”) was allowed where the Court found that the Appeals Tribunal made a palpable and overriding error in upholding the Commission’s decision to reopen and reject Page’s claim for benefits. Page v. New Brunswick (Workplace Health, Safety and Compensation Commission), [2006] N.B.J. No. 394

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